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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1992-041I CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-92-y, Temp. Ord. # 1620 REVISED-8/25/92 IJ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA APPROVING AGREEMENTS BETWEEN THE CITY OF TAMARAC AND ALL SERVICE REFUSE COMPANY, BROWNING FERRIS INDUSTRIES OF FLORIDA, INC., COUNTY WASTE, INC., INDUSTRIAL WASTE, INC., AND SOUTHERN SANITATION, INC. FOR THREE (3) YEAR AGREEMENTS TO PROVIDE COMMERCIAL WASTE HAULING SERVICES WITHIN THE CITY OF TAMARAC; PROVIDING FOR CODIFICATION: PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. , WHEREAS, the City Council of the City of Tamarac, Florida believes that it is in the best interests of the citizens and residents of the City of Tamarac to provide many services and conveniences; and WHEREAS, the City Council of the City of Tamarac has reviewed the non-exclusive franchise agreements for commercial waste haulers; and WHEREAS, the City Council authorized City Attorney Mitchell S. Kraft and Assistant City Manager Dina M. McDermott to negotiate new agreements with commercial waste haulers; and WHEREAS, the Agreement has been negotiated in good faith; and WHEREAS, the City Council is desirous of entering into three (3) year non-exclusive franchise agreements with All Service Refuse Company, Browning Ferris Industries of Florida, Inc., County Waste, Inc., Industrial waste, Inc., and Southern Sanitation, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 2-- That the appropriate city officials are hereby authorized to execute Agreements with: I. All Service Refuse Company 2. Browning Ferris Industries of Florida, Inc. 3. County Waste, Inc. 4. Industrial Waste, Inc. 5. Southern Sanitation, Inc. 1 5 6 6 Temp. Ord. # l 620 REVISED 8/25/92 for three ( 3 ) year non-exclusive franchise agreements to provide commercial waste hauling services within the City of Tamarac, Florida, copies of the Agreement are attached hereto as composite ~Exhibit AN and made a part hereof. Specific authority is hereby granted to codify this ordinance. =TI DN ,I All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SZCTTQN 4- If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECT70N ';r. This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this Ia t-h day of 1992. PASSED, SECOND READING this P8 h day of 1992. .� H.L. BENDER MAYOR ATTEST: 42 CAROL A. EVANS .� ..� CITY CLERK I HEREBY CERTIFY that I h e approved this qADINA4CE as Ao form. kfrCHELL FT CITY ATTORNNtY " APPROVE.AGR. r RECORD OF COUNCIL VOTE MAYOR 8 NO R DISTRICT 1: ,A KA DISTRICT 2: V/M DISTRICT 3: R MANN DISTRICT4: K I CITY OF TAMARAC WASTE HAULERS FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND All the Commercial Waste Hauler Contracts are the same, therefore, one complete contract is attached and a copy of all signature pages from the other contracts. r Municipal Administrative Services, Inc. 10103 Fondren, Suite 350 June 5, 1992 Houston, Texas 77096 Revised July 1, 1992 RFP-0Q1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 CONTRACT BET EEN CITY OF TAMARAC AND TABLE OF CONTENTS Dec *intion �� Definitions Grant Fees Term Obligations/Scope of Service Disposal of Solid Waste Recycling Program Labor Force Equipment Performance Bond Vehicle Identification Regulation of Collection Containers Health and Sanitation Performance Evaluation and Monit Non -Compliance by the Contractor Termination by the City Books and Records Indemnification Insurance Contractor's Local Office Customer Complaints Miscellaneous Provisions Exhibit "A" Performance Standards Exhibit "B" Keep Tamarac Beautiful Exhibit "C" Performance/Compliance 1 3 4 5 5 6 7 8 8 9 9 10 10 )ring 11 12 12 14 14 15 17 17 18 28 Program 3 0 Checklist 3 1 0 5,2- 7 Revised 7/1 /92 THE CITY OF TAMARAC § STATE OF FLORIDA This Service Contract (hereafter the "Contract") is made by and between the CITY OF TAMARAC, ORIDA, a home rule municipal� corporation (hereafter the "City") and a r cT�l ) � "Contractor"), both acting by and through their duly �authorizedafter the representatives, agents and ('The City and the Contractor may be hereinafter referred to together as the "Parties.") WHEREAS, the City desires to provide commercial establishments within its corporate city limits with solid waste collection, transport and disposal services by engaging independent contractors to perform such services; and WHEREAS, & corporation with offices in r ' desires to provide the City with commercial disposal services on a contract basis, solid waste NOW, THEREFORE, in consideration of the terms, conditions and covenants herein set forth, the Parties mutually agree as follows: Section 1. Unless otherwise specified herein the following terms shall have the following meanings: 1.1 "Collection", "Collect", and "Collected" shall all refer mean the collection from the Customer's remises Storage to and term is herein defined) if necessary, delivery to the g ro that priate disposal site, and proper disposal of solid waste, all in compliance with all applicable federal, state, county, and local laws, statutes, ordinances, rules, and regulations. 1 0-5.2 — L// 1.2 "Contract Year" shall mean a twelve month period of time beginning on the Commencement Date (as herein defined) and an successive 12 month period thereafter, y 1.3 "Customers" shall mean those persons and/or entities which enter into service contracts with Contractor for the Collection of Solid Waste, such as industrial and business sites, office, warehouse and apartment buildings and complexes and other similar locations, including construction sites and demolition projects. 1.4 "Environmental Laws" shall mean any and all state, federal and local statutes, rules, regulations and ordinances relating to the protection of human health or the environment including, without limitation, the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 and the Hazardous and Soli Waste Amendments of 1984, 42 U,S.C. d Comprehensive Environmental Response Compen at01, the Act of 1980, 42 U.S.C., §9601, , and Liability Amendments and Reauthorizatian� pact s of ei 9$6' the Hazardous ded by the Superfund Materials Transportation Act, 49 U.S.C. §6901 Water Pollution Control Act, 33 U.S.C. 1251 !wL �'' the Federal Act, 42 U.S.C. §7401 § � �4•. the Clean Air ZL SSA., the Toxic Substances Control Act, 15 U.S.C. §2601, =L=,, the Safe Drinking Water Act, 42 U.S.C. 300j, the United States Environmental Protection Agency's §300f- concerning Underground Storage Tanks 53 Fed. Rerules • 37082 (9/23188), all as amended now and in the future, and an similar federal, state and local environmental statutes and ordinan the rules ces and regulations, orders and decrees now or her and promulgated thereunder, during the term of this agreement. °after 1.5 "Equipment" shall mean all vehicles, machine tool and equipment, as well as related necessary for the Contractor's pesupplies and materials machinery, hereunder, reasonably 1.6 "Gross Receipts" shall include all revenues collected by Contractor for Collection services, delivery charges, fees forto payments and any additional revenue except for equipmentrental, franchise fees or other governmental charges imposed u waste services related to the Contractor's Pon solid Agreement. performance under this 2 D- %2-vt 1.7 "Recycling" means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. 1.8 "Solid Waste" includes garbage, refuse, construction debris and demolition debris, yard trash, clean debris, white goods, special waste, ashes, sludge, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, mining, agriculture, or governmental operations. 1.9 "Storage" shall mean the holding of Solid Waste for a temporary period (less than 24 hours, but in accordance with Florida, or local laws or regulations), at the end of which the Solid Waste is processed, disposed of, or permanently stored elsewhere. 1.10 "Subcontractor" shall mean an individual or entity that is subject to the terms and requirements of this Agreement to provide solid waste collection services to the City. 1.11 "Transfer Station" shall mean that location or locations and facilities established and designated by Broward County as loading sites in and around the City so as to provide for the efficient and effective collection of Solid Waste and the ultimate disposal thereof, as well as the weighing of the Solid Waste, Section 2. Grant In consideration of the Contractor's performance hereunder and compliance with the covenants " and conditions set forth herein, and in the ordinances and regulations of the City governing -the Collection of commercial Solid Waste, the City hereby grants to the .- Contractor the nonexclusive right pursuant to Article 7.19 of the City's Charter to use the public streets, alleys and thoroughfares within the corporate limits of the City for the purpose of engaging in the business of Collection of Solid Waste for commercial Customers located within the corporate limits of the Cit pursuant to the terms of -this Agreement, but not otherwise. y 3 D-0O2_ / Section 3, Strefkt Use Fee In consideration of the grant contained in Section 2 hereof, the Contractor hereby agrees to pay to the City as compensation for the right to use its streets, alleys and thoroughfares an amount ("Street Use Fee") equal to a ten percent (10%) of its Gross Receipts from commercial Solid Waste Customers within the corporate limits of Tamarac. Payments shall be due no later than thirty (30) days after the end of the month. The contractor shall provide to the City notarized monthly and annual statements signed by an authorized representative of the Company. Statements should accompany payments and identify in detail the categories and amounts of Gross Receipts received by the contractor, based on the records of the Contractor during the month for which payment is made related to the Contractor's performance under this Agreement. If Contractor fails or refuses to make such reports and payments, the City may maintain an action against the Contractor to recover the same and all expenses of collecting same, including reasonable attorney fees. 3.1 In the event Contractor establishes any other methods of Collection and disposal of Solid Waste, the City shall establish, at that time, a percentage of Gross Receipts from such Collection method to be included in the calculation of the amounts due. 3.2 . In the event contractor fails to make the payment for this Franchise on or before the date due as hereinabove provided, the Contractor shall pay an interest charge for each month, or a fraction thereof, that payment is late. An Interest Factor shall be based on the prime rate for the Chase Manhattan Bank, N.A., plus one percent (1%) Calculation will be illustrated as follows: Prime Rate + 1 % / 365 days = Daily Interest Rate (DIR) DIR x Days Payment Late = Interest Charge Note: Regardless of the foregoing, the interest rate referred to in this section will comply with all applicable state laws. 4 o- 502- -�1/ Section 4. Icrm 4.1 Pri-Mary Ter The term of this Agreement shall be for a period of three (3) years commencing September 1, 1992 and Contractor agrees that at the City's option the term of the Agreement can be extended month -to -month on thirty (30) days written notice by City to Contractor. 4.2 $ This Agreement shall be renewable for successive three year periods, only if hereafter agreed by both Parties, and provided that in order for such renewal right to arise the City shall have given written notice of its desire to renew the term of the Agreement no less than ninety (90) days prior to termination of this Agreement. The Contractor shall accept or reject the Cit 's proposal to renew this Agreement within thirtyY notice from the City. Should (30) days of written the Contractor fail to notify the City within said thirty (30) day period of its refusal to renew the Agreement, the Contractor's silence shall be deemed to be an affirmative acceptance of the renewal proposal. Section 5. Contractor hereby agrees to Collect all Solid Waste generated and set out for collection by Commercial Customers within the corporate city limits of the City. The Contractor shall, at its own cost and expense furnish trained personnel and appropriate well maintained Equi ment a referenced in Section 9 of the Agreement). p ( s the number and size of collection vehicles Tlfe Contractor shall provide or ac adequately and efficiently service all units. The Contractor Sufficient estty to iablish and maintain scheduled Collection routes and special schedules as may be necessary to meet the Collection service requirements of the Customers located within the corporate city limits of the City. Further, the Contractor, at its own cost and expense, shall provide for the solicitation, servi ind billing of Customers, and shall recommend schedules of service g and Customers. Unless otherwise established by City ordinance to, said o schedules for commercial Solid Waste shall be determined lthe Contractor based upon negotiations with its Customers. The by the Contractor W acknowledges and agrees that Contractor shall be obligated to take such actions as necessary to fulfill its duties and obligations hereunder and that the City may from time to time issue written directions to the Contractor clarifying the scope of Contractor's services to fulfill the intent of this Contract. This franchise agreement is not applicable to medical waste collection and disposal, nor does it preclude City from entering into agreements for collection and disposal of medical waste. Section 6. Waste The Contractor shall deliver commercial Solid Waste Collected pursuant to this Contract to the approved Broward County Recovery disposal facilities or to any Transfer Station which may hereafter be utilized in the future by the City and approved by Broward County (such site hereafter called the "Disposal Site"). Contractor shall not be reimbursed by the City for costs and expenses actually paid by Contractor to Broward County for the use of the Disposal Site for disposal of commercial Solid Waste Collected pursuant to this Contract. Any alternative disposal site must be approved in writing by the City prior to its use by Contractor. All laws, rules and regulations governing hours of operation and disposal practices at the Disposal Site shall be strictly observed by the Contractor. The Parties hereby agree that all services provided by the Contractor pursuant to this Contract shall be carried out in a competent and business like manner and in compliance with the standards and specifications set forth in the attached Exhibit "A (hereafter "Performance Standards"). Contractor shall not engage any subcontractor without written prior approval of the City. The City of Tamarac reserves the right to revise the Performance Standards as it determines within its sole discretion, such revisions to be necessary or proper to secure the safety, welfare and accommodation of the public; provided that prior to the revising or establishing of new or additional Performance Standards, the Council shall invite and allow the Contractor to submit any information it may wish for review by the Council. The City reserves the right of Council to seek advice from the City Manager designate, or such other person or persons as may be responsible for management of Solid Waste Collection within the city limits of Tamarac. Any revision or establishment of new Performance Standards shall be approved by the Council and upon such 11 D r S,2— V l approval shall become a part of this Contract as though fully set forth herein. Section 7. 7.1. dal Contractor shall establish and make available a Recycling program for its commercial Customers which shall be in compliance with the laws established by the United States Environmental Protection Agency, the Florida Department of Environmental Regulation (DER) and the City of Tamarac to reduce the impact of waste by Recycling materials such as, but not limited to, glass, tin, aluminum, cardboard, plastic, and paper. 7.1A This portion of the Tamarac, Florida Solid Waste Disposal Franchise Agreement and Ordinance shall be known as the recycling component. The Contractor shall comply with all mandatory rules, regulations, and laws of the United States Environmental Protection Agency, Florida Department of Environmental Regulation, Florida Statutes, County and City ordinances, including Keep Tamarac Beautiful Program (Exhibit B) regulations. 7.2 The franchise collector shall keep records of recyclable materials picked up in the City, so as to allow the City to meet the State of Florida DER reporting requirements. These reporting requirements must be included the Hau ler's/Con tractor's monthly report (i.e., the number of businesses recycling, the monthly yardage report, and a breakdown of the commodities recycled). Information must be provided on the State's approved report form as amended hereto. 7 Section 8. Labor F Contractor shall provide the City with written information regarding compliance with this provision upon request of the City. Contractor shall employ only such superintendents, foremen, and workmen who are reasonably careful and competent and fully qualified to perform the duties or tasks assigned to them. All employees of Contractor and/or its subcontractors, if any shall comply with all laws and regulations, and shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of their assigned duties. Section 9. Contractor, at its sole cost and expense, shall furnish and maintain all Equipment as is considered reasonably necessary to perform the work in an acceptable manner and at a satisfactory rate of progress. The equipment shall be maintained in a first class, safe and efficient working condition throughout the term of the Agreement and any renewal period. Contractor shall establish a regular preventative maintenance program for all Equipment and shall maintain records of preventative maintenance and other maintenance repairs to the Equipment. Contractor shall be responsible for initiating, maintaining and supervising all maintenance programs, safety precautions and programs, in connection with the work and services performed hereunder. Contractor shall establish reasonable procedures and programs to prevent property loss or damage and/or Personal injury to persons, including, but not limited to, employees performing such work and all other persons who may be affected hereby. Contractor shall comply with all Federal, State, and Local rules and regulations when conducting operations pursuant to this Agreement. Contractor shall maintain files and records of all citations and violations of any laws, statutes, ordinances, or regulations, in the ownership, title, maintenance, or operating of the Equipment and such files and records shall be available upon reasonable notice for review by the City. 6--5..2-,�/ Section 10. 1 Ejtv XCCpt as provided the Contractor shall furnish to the City a Performance eBond, s security r of Credit or Cash Bond guaranteeing the faithful performanceofthis Contract. The Security shall be in a form acceptable to the City's Attorney and shall be for the term of this Agreement and in an amount equal to the greater of $2-5QQ, or a sum amounting to the annual average of three months of franchise fees for the past contract year, if less than 12 months, the actual number of months of service shall be used in calculation. The Security shall be furnished to the City by the Contractor within ten (10) days of the date of execution of this Agreement or any renewal hereof. Without limiting any other indemnity provisions herein, said Security shall indemnify the City against any loss, expense, cost or damage resulting from any default by Contractor hereafter or any failure of performance by the Contractor. The City Attorney is hereby delegated the authority to approve the form of the Security. The Risk Manager shall approve the financial capabilities of the surety to perform. Section 11. All vehicles and equipment used by the Contractor for the Collection commercial Solid Waste shall be clearly marked with the Contractor's name in letters of a size sufficient to reasonably identify the vehicle, but not less than five inches (5") in height. In the event the City shall at any time require, the Contractor shall. also assign to each of its vehicles an identifying number and shall mark the same upon said ures vehicles in fi not less than five inches (5") in height. g 2 0 - �,2- V� Section 12, The Contractor may provide its Customers with appropriate containers for Collection of commercial Solid Waste, subject to the following requirements: ( i ) All such containers shall be constructed according to the generally accepted industry standards. (i i) All open roll -off containers shall be covered to prevent the scattering of the container's contents while in transit. (i i i) All such containers shall be maintained on a regular basis by the Contractor so as to be in good repair. (i v) All such containers shall be clearly marked with the Contractor's name and telephone number in letters not less than two inches (2") in height. Contractor shall replace any damaged container caused by Contractor within forty-eight (48) hours if notified by the City or its Customers. Section 13. The Contractor shall establish and enforce in its operations a nd among its employees such regulations in regard to cleanliness and Collection of Solid Waste as will tend to prevent the inception and spread of diseases and to effectively prevent the creation of a nuisance on any property either public or private. The Contractor shall maintain at its sole cost and expense copies of all permits and licenses required for its Collection of Solid Waste services either from the City, County, State or Federal Government. 10 6) _s02— yt Section 14, , 14*1EPjmhjjrcCMC_n_t Cos Contractor shall reimburse the City for all documentable, out-of-pocket costs and expenses incurred by the City in connection with the initial award of this Agreement to Contractor. No later than the 30th day following the contract award, the City shall submit to the Contractor a detailed list of all such costs which are reimbursable pursuant to this provision. Such costs shall be certified as to their completeness and accuracy by the City Manager and shall be deemed accurate unless the Contractor notifies the City in writing of its disagreement to any such costs within thirty (30) days after receipt thereof. Reimbursement by the Contractor to the City pursuant to this provision shall not exceed an aggregate amount of Three Thousand Five Hundred Dollars ($3,500) per Contractor and shall be paid by the Contractor 45 days after receipt of invoice from the City. 14.2 !; Contractor shall reimburse the City for all audit costs that are incurred in auditing the gross receipts of Contractor under this Agreement. Such costs shall be submitted to Contractor in writing within thirty (30) days after the completion of each audit no more often than annually. Such costs shall be certified as to completeness and accuracy by the City Manager of the City shall be deemed accurate unless Contractor notifies the City in writing of its disagreement with any such cost within thirty (30) days after receipt thereof. Reimbursement pursuant to this provision shall be paid by the, Contractor to ' the City on or before forty-five (45) days after receipt of such costs from the City and such reimbursement shall not exceed an aggregate amount of Four Thousand and No/100 Dollars ($4,000) per Contractor for any Agreement Year. 11 Section 1S. In the event the Contractor shall fail to any of th provisions of this Contract, the Cityshall p y e material provide the Contractor with written notice of its non-compliance statinparg facts relating thereto. Thereafter, if the practice, event reasonable acondPion is not reformed, corrected or otherwise made to comply with the termsof his Contract within a period of time which is reasonable in relation to the nature of the practice, event or condition of non-compliance, but in no event more than ten (10) days from the date of the notice of violation unless the non-compliance cannot be cured within ten (10) days, then within a reasonable time using best efforts and Contractor shall notify City of those efforts, the same shall constitute an Act of non-compliance. For each Act of Non -Compliance, the Contractor shall pay the City a sum set by the City not to exceed One Hundred Dollars ($100.00) per day for each day that such Act of Non -Compliance shall continue. The foregoing provisions of this paragraph are not intended to limit the rights and remedies of the parties at law or in equity. Section 16. 16.1 16.1.1 nefa� Default by the Contractor shall occur if the Contractor fails to observe or perform a material portion of it's duties under this Contract ("Default"). The City may terminate the Contractor's performance of services under this Contract in the event of Default by the Contractor and a failure by the Contractor to cure such Default after receiving notice thereof, all as provided in this subsection. --Should Default occur, the City may deliver a written notice to the Contractor describing such Default and the proposed date of termination. Such date may not be earlier than the thirtieth (30th) day following receipt of the notice. The City, at its sole option, may extend the proposed date of termination to a later date. If prior to the proposed date of termination, the Contractor cures such Default, then the proposed termination shall be ineffective. If the Contractor fails to cure such Default prior to the proposed date of termination, then the City may terminate 12 o_s�2-yr the Contractor's performance under this Contract as of such date. 16.1.2 Upon the effective date of termination as contained in the notice, the Contractor shall, unless the notice directs otherwise, immediately discontinue all service in connection with this Contract and shall proceed to cancel promptly all existing orders chargeable to this Contract. Within ten (10) days of receipt of notice of termination, the Contractor shall submit to the City monthly reports and revenues required under this Contract to the date of termination. 16.1.3 In addition to, or in lieu of, the termination procedure set above, the City may take any or all Of the following actions in the event of a default by the Contractor; M If the City determines, and notifies the Contractor, that such Default poses an immediate threat to the health or safety of any person or to any property interest, and if the Contractor has not cured such Default within twenty-four (24) hours after receipt of such notice, the City shall have the right to perform or cause to be performed all or part of the work necessary to cure such Default. In the event that the City performs such work, or causes it to be performed, the Contractor shall bear the cost of such work, and if necessary, shall reimburse the City for the cost thereof. The City --shall have the right to deduct any such compensation due to the City from any sums otherwise due and owing to the Contractor. (i i) The City may make or file a claim under the Performance Bond, Letter of Credit, or Cash Bond for any damages, costs, expenses or liabilities that the City has incurred as a result of Contractor's default. 13 Q -��-y/ (i i i) City may exercise its rights under Section 15 hereof. Section 17, The Contractor hereby agrees to maintain, at its local office or principal place of business within Broward County, adequate books and records relating to the performance of its obligations under this Contract and in a form sufficient to identify its gross receipts. The City or its auditor may request to review those books and records which are reasonably necessary to determine gross receipts and the Contractor shall provide same. Audits, upon reasonable notice, by the City shall not be performed more frequently than once a year during normal working hours. The City may, upon reasonable notice, cause an audit to be performed by City Personnel or by an independent party designated by the City of that portion of the Contractor's books and records relating to its payments for gross receipts. The cost of an annual audit pursuant to this provision shall be a reimbursable cost under Section 14 hereof. No original notes or work papers can be removed from the inspection location. Section 18. IDIUMBUIcation 18.1 Contractorls. . hereby assumes risk of loss and/or injury The Contractor persons arising from the performance of any of its bligat oyns and/or under this Contract and further agrees to indemnify and hold harmless he City, its officers, agents, servants and employees from and against any and all claims, liabilities, demands, suits, judgments, costs or expenses, including, but not limited to, expenses of litigation and attorneys' fees, arising from any such claim, loss or , injury. This indemnity shall only run to the City, its officers, agents, servants and employees, and shall not extend to any third party beneficiaries. Without limiting the foregoing, the indemnity provided herein shall specifically include any claim against the City arising out of any of the Environmental Laws (as herein defined). 14 D —902—` l Section 19. Insurnn 19.1 raurl The Contractor shall not commence work under this Contract until it has obtained all the insurance required under this Contract, and such insurance has been approved by the City. Contractor shall be responsible for delivering to the City the Certificate of Insurance for approval. Contractor shall name the City of Tamarac as an additional insured on the Certificate of Insurance. All insurance policies shall be issued by companies duly licensed to write business insurance policies in the State of Florida and rated -A- or better by A. M. Best Key Rating Guide. Further, the City shall be named as an additional insured on all insurance policies (except Workers' Compensation). Certificates of each policy, together with a statement by the issuing company to the extent that said policy shall not be canceled without thirty (30) days prior written notice received by the City, and shall be delivered to the City's Risk Manager for review and approval. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of this Contract. The Contractor shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for proper protection in the prosecution of its work. 19.2 during the term of this Contract Tand Cohe ntractor shall maintain, Compensation Insurance on all of its employees ny to be renewals, en a Workers' er n work under this Contract, and shall require the same from any subcontractors used. In the event that any class of employees engaged in hazardous work pursuant to this Contract is not protected under the Workers' Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of employees not so protected. 19.3 Contractor shall procure and shall maintain during the term of his Contract and any renewals Public Liability and Property Damage Insurance in an amount not less than $1,000,000 combined single 15 0, (5�2-�/( limit coverage for bodily injury, death and property damage (except automobile). 19.4 Alltnrnob heContractor shall procure and maintain, during the term of this any Comprehensive Automobile Liability Insurance Contract d in anam untrenewals, not than $1,000,000 combined single limit coverage for bodilyinjury, death, and property damage (automobile). y' 19.5 Liab. . The maintain, during the term of this Contractand any renewals, Excess Contractor shall procure and Umbrella Liability Insurance in an amount not less than $1,000 000 coverage in excess of Automobile and Bodily Injury/Property Damage coverages. 19.6 The insurance required under the above paragraphs shall provide adequate protection for the Contractor against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by the insured. The City shall be named as an insured on all of Contractor's insurance policies provided for herein. 19.7 Qr.- Tnqiyr and bonding companies with whom Contractor's insurance and c insurance bonds are written shall be licensed to do business in the State ashofFlorida and shall be represented by an agent or agents having an office located in the State of Florida. or designate an agent in Florida for the purposes of handling claims under this Contract. Each such agent shall be duly qualified, upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City, or any other claimant, or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. The name of the agent or agents shall be set forth on all such bonds and certificates of insurance. Contractor shall keep the required insurance in full force and effect at all times during e term of this Contract, and any renewals thereof. Contractorshall furnish to City a Certificate of Insurance on a form furnished and approved by City, evidencing the Contractor has obtained the 16 0_512--V/ required insurance coverage. At the request of the City the original policy shall be provided for inspection. All policies must prove that they may not be changed or canceled by the insurer in less than thirty (30) days after the City has received written notice of such change or cancellation. Such insurance amounts may be reviewed upward at City's request, and Contractor shall revise such amounts within thirty (30) days after receipt of such request. Section 20. e 20.1 —Agent Throughout the term of this Contract, the Contractor shall establish and maintain a local office or authorized managing agent within the Broward County and shall designate in writing within ten (10) days of execution of this contract the agent upon whom all notices may be served from the City. Service upon Contractor's agent shall always constitute service upon the Contractor. 20.2 Hour 5 Contractor's local office shall be open during collection hours so that customers can lodge complaints, request for information, and requests for service. At a minimum, the Contractor's local office shall be available during the hours of 8:00 a.m, to 5:00 p.m., local time, Monday through Friday. 20.3 SA-0 f fin Contractor's local office shall have a responsible person in charge during collection hours on collection days, shall be equipped to respond to telephone calls, a local telephone number, and sufficient attendants to receive telephone calls. Calls shall be received and responded to in a courteous and polite manner, record all complaints, and resolve all complaints in an expeditious manner within the next business day. ` Section 21. s At a minimum the Customer complaint procedure shall provide that all Customer complaints shall be resolved within the next business day of receipt of such complaint that relate to service under this Agreement. Further . the Contractor shall supply the City upon request with copies of all complaints indicating the date and hour of the complaint, the nature of the complaint and the manner and timing of 17 0_q,2-q� its resolution. The Contractor shall maintain a customer complaint log during the term of this contract. Section 22. 22.1 The relationship of the Contractor to the City shall be that of an independent contractor, and no principal -agent or employer -employee relationship between the parties is created by this Contract. By entering into this Contract with the City, Contractor acknowledges that it will, in the performance of its duties under this Contract, be acting as an independent contractor and that no officer, agent or employee of the Contractor will be for any purpose an employee of the City and that no officer, agent or employee of the Contractor is entitled to any of the benefits and. privileges of a City employee or officer under any provision of the statutes of the State of Florida and ordinances of the City. 22.2 This Contract shall not be taken or held to imply the relinquishment or waiver by the City of its power to make other reasonable requirements or regulations pertaining to the subject matter hereof, and the City hereby expressly reserves the right to make all regulations which may be necessary or proper to secure the safety, welfare and accommodation of the public, including, but not limited to, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from danger and inconvenience in the management and operation of garbage, and Solid Waste services detailed herein. Further, nothing herein contained shall constitute a waiver of any of the requirements of the rules and regulations heretofore adopted by the City, including the right to make such changes and amendments to said rules and regulations as said City may deem to be advisable and necessary to protect the public health and general welfare r of its inhabitants. 18 0-5z-LI1 2 2. 3 Y e ae This Contract shall be considered consummated in Broward County, Florida. All actions brought hereunder shall be brought exclusively in Broward County, Florida. 22.4 Exhibits The Exhibits "A", "B" and "C" are incorporated herewith by reference for all purposes as though fully set forth. 2 2.5 The section and paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Contract. 2 2.. 6 This Contract constitutes the entire agreement and understanding between the Parties relating to the subject matter, and it shall not be modified, altered, changed or amended in any respect unless done so in writing and approved by Resolution of the City Council of the City. 2 2. 7 B.&n h r-1, 21 C X, This Contract shall terminate in the case of bankruptcy (whether voluntary or involuntary) or insolvency of the Contractor. In the case of bankruptcy, such termination shall take effect on the day and at the time that the bankruptcy action is filed. 22.8 ' Contractor, in the execution, performance, or . attempted performance of this Contract, shall not discriminate against any person or persons because of sex, race, religion, color, or national origin, handicap or marital status. The said Franchise Collector's employees or applicants for employment (as provided in Title VI of the 1964 Civil Rights Act, and the Florida Human Rights Act of 1977) understand and agree that this Agreement is conditioned upon the veracity of this Statement of Assurance. Furthermore, the Franchise Collector herein assures the City that said Franchise Collector will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved. Other applicable Federal and State laws, Executive Orders, and regulations prohibiting discrimination' as hereinabove referenced are included by this reference thereto. This Statement of Assurance shall be interpreted to include Vietnam -Era Veterans and Disabled Veterans within its protective range of applicability. The Contractor must be an Equal Opportunity Employer and have an affirmative action plan. O'�5; - Z� ( 2 2.9 Time shall be deemed to be of the essence of this Agreement whenever time limits are imposed herein for the performance of any obligations by any of the Parties hereto, or whenever the accrual of any rights to either of the Parties hereto depends on the passage of time. 22.10 RJObt• The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the rights of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach of such provisions or as a waiver of any provisions itself. 22.11 If any provision of this Contract shall be declared illegal, void or unenforceable, the other provisions shall not be affected and shall remain in full force and effect. 22.12 Notice-�q Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered upon receipt and shall be deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party at the address set forth below: 20 0-9,241 Contractor: With a copy to: City: City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321-2401 Telephone: (305) 722-5900 With a copy to: City Attorney City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321-2401 Telephone: (305) 722-5900 2 2.13 Neither the Contractor nor the City shall be liable for the failure to perform its duties if such failure is caused by a riot, war, governmental order or regulation, strike, act of God, or other similar or different 'contingency beyond the reasonable control of the Contractor. 2 2.14 2011 This Contract supersedes and replaces that contract between the same parties dated, September 26, 1990, and effective immediately, which contract, upon the effective date of this Contract shall be null and void and of no further force and effect. 22.1s Aur be considered fully executed or bindingor •This Contract shall not the same shall have been approved and accepted effective b th the City until ncil of the City of Tamarac in open meeting as required b,tylaw and executed by the Contractor and the City. After such approval and 21 p-L�;z:-Y/ acceptance, the City shall deliver to the Contractor a certified copy of the Resolution as evidence of the authority of the person authorized to bind the City to the terms, covenants and provisions of this Contract and to perform the same in accordance herewith. 22.16 Contractor, its officers, agents, employees, and contractors, shall abide by and comply with all laws, federal, state and local. It is agreed and understood that, if City calls the attention of Contractor to any such violations on the part of the Contractor, its officers, agents, employees, contractors, then Contractor shall immediately desist from and correct such violation. 22.17 . The City shall have the right to conduct periodic public meetings, to review and consider the performance of the contractor regarding its compliance with the material terms of the franchise, any amendments desired by the contractor, the need for any future new services, and potential amendments to the franchise reflecting service requirement changes based on advancements in technology or demonstrated community needs. 22.1$ Changeg in . Should the State of Florida, City, County, United States or Federal agency, or any State or Federal Court or an agency thereof require either Broward County, City of Tamarac, or the Contractor to act in a manner which, affects or, is inconsistent with any provisions of the Franchise Documents, the City Council shall be authorized to determine whether a material provision of the Franchise Documents is affected in relation to the rights and benefits conferred by the Franchise Documents upon the City or the public. Upon such determination, the City and Contractor shall negotiate in good faith to modify or amend the franchise to such extent as may be necessary to carry out the full intent and purposes thereof in relation to the rights and benefits of the City, or the public. The foregoing provisions of this paragraph are not intended to limit the rights and remedies of the parties at law or in equity. 22 vJ Saz-yr 12.19 ' Contractor shall provide the City with a monthly notarized statement from an authorized representative of the Contractor, certifying the accuracy of the monthly franchise fee payment. Contractor shall provide the City with an annual recap of gross receipts and a summary of all franchise fee payments paid within the preceding twelve (12) months. 1 23 This Contract shall be effective this theof 1992, which shall be the Commencement Date hereof. ATTEST: P. Kelly, City 04ager ATTEST: By%2 'Carol A. Evans City Clerk THE CITY OF TAMARAC, FLORIDA By: Mayor Date: z� John P. ly Cit M ager Date: Approv to form Ll'1'Y OF TAMAltAC APPROVED AT HEETING OF2- 24 0_ g,2- �r 0-9,2--4 STATE OF FLORIDA : :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Count of a id to take acknowledgements, personally appeared o �"� °�'"'` oirre known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that executed the same. WITNESS my hand and official seal this � day of%,-:�* I LZ-L� -I 4:2zie4:2L2 NOTARY PUBLIC, State of Florida at Large NOTARY PUBLIC, STATE OF FLORIDA, MY COMMISSION EXPIRES; .TUNE y6, 199 . •ONDEo TNRu NOTART ■u@No IONDCRW RIVERS. (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( /) DID NOT take an oath 25 0 S.2-�/ City of Tamarac Agreement for Commercial Waste Haulers ATTEST: CC r' B Corpo �p6tarya 1/ Pr (Corporate Seal) STATE OF FLORIDA : :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and irl the Cpunt aforesaid to take acknowledgements, personally appeared =``�'� "' "` `;' y"`4' to me known to be the person(s) described in and who executed the foregoing instrument and � acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this 3 day of � 19 9 a ti � NO `'�JJBLIC, Sta of Florida .at, Large (Nam�oZm-pulhj ic: Print, Stamp, or Type as M Commissioned) Maryanne 7orCh, Not�y STATE OF F L O� ' ;= ( /) Personally known to me, or Public My Comm Erp2/�): t" ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or cc: John P. Kelly, City Manager ( ) DID NOT take an oath. 26 0 _ 9�-ql LIST OF EXHIBITS Exhibit "A" - Performance Standards Exhibit "B" - Keep Tamarac Beautiful Program Exhibit "C" - Performance/Compliance Checklist 27 Q_9,?-yI CITY OF TAMARAC PERFORMANCE STANDARDS I. Commercial Container Collection (a) . Based on General Industry Standards (b) Six times weekly (for food establishments), or minimum of once per week (See Section 19.2 (a) & (b) of Tamarac City Code for further details). (c) ' See Section 9.86 through 9.91 of Tamarac City Code. (d) Nm. Service; A listing will be maintained in the Yellow Pages. (e) Blocked -oatsintr . If access to a container or the equipment is blocked to prohibit the collection or interfere with collection in any manner, customer will be notified and one additional attempt for collection shall be made by the Company's vehicle within a reasonable time period. (f) 0=rfi11eA Conte Container will not be emptied if a safety hazard exists. Customer will be contacted to remove excess. The pickup will be, rescheduled when excess refuse has been removed. (B) will be exchanged or repaired tnwithin ers athave, n damaged 5working days notification. If the damage is not due to servicing or a defect in materials and workmanship, a fee will be charged to the customer. The amount will depend on the repairs needed. All containers will be maintained in good appearance. (h)Qdor anti Insecl ron 01: The customer will be responsible for the cleaning, odor and insect control in and around containers. 28 (i) Notification will be sent to the City of Tamarac's Code Enforcement Division if customer service is suspended. W Weight' Customer shall not overload containers in excess of the acceptable industry standards. Contractor may charge customers for extra trips or waiting time caused by such overloading. If customer refuses to remove such material, company or company's agents may remove such material. 2. General (a) Office Hours: 8:00 .am. - 5:00 p.m., Monday through Friday. (b) Holidays: New Year's, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pickups scheduled for these days will be omitted. (c) The Franchise Collector shall preserve all public property in the City from damage due to Contractor's negligence in the performance of collection services. This applies, but is not limited, to the public utilities, trees, lawn areas, building monuments or markers, fences, pipe, and underground structures, public streets, (except natural wear and tear of streets resulting from legitimate use thereof by the franchise collector), and wherever such property is damaged due to the activities of the Franchise Collector, it shall be restored, within a reasonable period of time to, its prior condition by the Franchise Collector at its own expense. The franchise collector shall act in good faith. t 29 EXHURIT B" KEEP TAMARAC BEAUTIFUL PROGRAM The City of Tamarac will continue to pursue the Keep Tamarac Beautiful Program. * Educating and involving citizens, businesses, community organizations and government in responsible voluntary actions that will influence citizen participation in promoting a cleaner, safer, healthier, and more beautiful community. * Studying, investigating and developing plans for the cleanliness of the City. * Furthering the advancement of geographical recycling through education, promotion, solicitation of funds and implementation of facilities and programs on the local level. * Soliciting and accepting donations and appropriations of monies, services, products, property, facilities and disbursement of said funds for the accomplishment of the objectives of this program. * Contractor shall cooperate with the City to implement the goals and objectives of this program. F 30 EXHIBIT n C" City of Tamarac PERFORMANCE/COMPLIANCE CHECKLIST Company Name Date Time EerfollmncelComplianGe--Reayjred Yes No N/A I. Has Contractor made a recycling program available to its customers? 2. Has Contractor provided City with all monthly recycling reports? 3. Has Contractor supplied the City with the required Performance Bond, Letter of Credit or other bond? 4. Has the Contractor properly identified vehicles and equipment? (determined by random review) 5. Has Contractor paid the City all reimbursable costs? b. Has Contractor maintained the following insurance*? Comprehensive General Liability Workers' Compensation Automobile Excess Umbrella _.�.._ *Refer to Agreement for necessary amount of coverage 7. Reference list provided and verified by review? 31 8. Inventory of Equipment available for review? 9. Identification of Management personnel and supervisors? .� 10. Information regarding Company brochure and history?' 11. Name of authorized representative and local address? 32 ■ __ -- -,- This Contract shall be effective this the qa� day of 1992, which shall be the Commencement Date hereof. ATTEST: " --,— , / R//O/. Jo n P. Kelly, City nager i ATTEST: By: Carol A. Evans City Clerk THE CITY OF TAMARAC, R ORIDA By: Mayor Date: / 2— B t John P. Ke City Mana r Date: / Approved as to form v_ Mitchell S: K1 City Attorney . CITY OF TAMARAC APPROVED AT MEETING OF 31F) Oj 24 0 -,qa2,—q t STATE OF FLORIDA : :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and n he Count f ai to take acknowledgements, personally appeared '�' ``�'�`{ "+` " to known to be the pers n(s) described in and who executedv the foregoing instrument and acknowledged before me that same. executed the WITNESS my hand and official seal this —L— day of� 1 q, NOTARY PUBLIC, State of Florida at Large NOTARY PUBLIC, STATE OF FLORIDA NYIrl ISSION ExPIRES: JUNE 26, 1d9s roM090o[d taw �or►RY •uMuc unatRws,tss, (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( DID NOT take an oath. Fdy - a;L 25 City of Tamarac Agreement for Commercial Waste Haulers ATTEST: gorpblraie� Secretary (Coi yorate Seal) STATE OF FLORIDA : :SS COUNTY OF BROWARD CORPORATION: I y: L ent James E. O'Connor I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Jame n to me known to be the person(s) described in and who executed the foregoing instrument and --bg_ acknowledged before me and under oath that executed the same. WITNESS my hand and official s this 6� day of August, 19 92 NOTARY PUBLIC, State of Florida at Large Rosanne B. Odum (Name of Notary Public: Print, Stamp, or Type as Commissioned) r._. ;, c;r_, of Fir[-Js Commission # AA 610132 In:. r4Cr ts"x ( ��..•; 7..r. Tr:. ia.i • rr.s-rar.a Inc Xx), Personally known to me, or ( ) Produced identification ( ) DID take an oath, or cc: John P. Kelly, City Manager Type of I.D. Produced ( XXX ) DID NOT take an oath. 4.1 This Contract shall be effective this the �th day of 1992, which shall be the Commencement Date hereof. UTEST: P. Kelly, City TTEST: 'Carol A. Evans City Clerk THE CITY OF TAMARAC, FLORIDA By: ayor Date: iL— By: S�f John P. Kqq City Mantgrer Date: // g& Approved to form by City Attorney s CITY OF TAMARAC APPROVED AT MEETING OF E� a- 24 STATE OF FLORIDA : :SS COUNTY OF ; I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and inie Coun �af�m- to take ` acknowledgements, personally appeared " tome known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that executed the same. WITNESS my hand and official seal this L-�L day o�, 19, NOTARY PUBLIC, State of Florida at Large AX A -r PUBLIC. STATE OF FLOR►DX, nor «.+ "16SION EXPIRES: JUNE 26. 19,gx •Y��RC THAy MGTAIIT IYpdG 4N0[11W1►IT[11r/ (Name of Notary Public: Print, Stamp, or Type as Commissioned) •� Personally known to me, or Produced identification Type of I.D. Produced DID .take an oath, or ( ✓) DID NOT take an oath. 3a 25 O f 2 �t City of Tamarac Agreement for Commercial Waste Haulers ATTEST: C porate ;retary (Corporate Seal) STATE OF FLORIDA : :SS COUNTY OF 61iu.4,evf : CORPORATION. Wele-Presi I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this 0 , day of Qd�,, 19 . G NOTARY PUBLIC,'S Florida at Large E51REE A I�tNCEY r r�ii��c ?�= ay Comm. Exp. 3-18-95 �p -ded By Service ins. Co. (Name of Notary ublic6 Print, S tamp, or Type as Commissioned) ( �) Personally known to me, or ( ) Produced identification Type of I.D. Produced ( }�) DID take an oath, or ( ) DID NOT take an oath. cc: John P. Kelly, City Manager This Contract shall be effective this the i2a�" day of &:S,4a2d—, 1992, which shall be the Commencement Date hereof. ATTEST: � - -0 ()�� .4 /,, J n P. Kelly, Ci Vlanager ATTEST: By: �'�� y't �► Carol A. Evans City Clerk THE CITY OF TAMARAC, FLORIDA By: Mayor Date: 2-Z4Z— T B John P lly City Whager Date: ---1//hz Approved to form k CITY OF APPROVED AT r 24 e11:tS. Kraft Attorney o-9,7Z STATE OF FLORIDA : :SS COUNTY OF ; I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Cou acknowledgements, personally appeared}'�-'yofFsaid to take to be the known person(s) described in and who execute the foregoing instrument and me that same. acknowledged before executed the �'�-' WITNESS my hand and official seal this , day of , lg,�9_D- , NOTARY PUBLIC, State of Florida at Large NOTARY PUBLIC, STATE OF FLORfbA; �r C r:dMIS5ION EXPIRES: DUNE 26ip� T", NCTART ►ur1.1a ua,,Z 26, T[ y (Name of Notary Public: Print, Stamp, or Type as Commissioned) i X) Personally known to tne. or Produced identification Type of I.D. Produced f ) DID take an oath, or ( )( ) DID NOT take an oath. 25 City of Tamarac Agreement for ATTEST: Corporate Secretary (Corporate Seal) STATE OF FLORIDA : :SS COUNTY OF Commercial W .ste CORPORATION: 1/, r By: President Haulers 0'�2-` f I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared to me known to be the person(s) described in and who executed the foregoing instrument and _.ji_Z_ acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this /)' day of , 19. -;'2-, NOTARY PUBLIC, State of Florida at Large ,'r'4hn F1)i, (Name of Notary Public: Print, S tamp, or Type as Comn)WAIDPAdl STATE OF FLORIDA U COMISS:CG EXP. MAY 21,1994 ( ) Personally known to me, or BDRDED THRU GENERAL ins, unD. ( ) Produced identification Type of I.D. Produced ( �) DID take an oath, or ( ) DID NOT take an oath. cc: John P. Kelly, City Manager 26 This Contract shall be effective this the ��lay of 1992, which shall be the Commencement Date hereof. ATTEST: Adbd P. Kelly, City M ger ATTEST: I Carol A. Evans City Clerk THE CITY OF TAMARAC, FLORIDA By: Mayor Date: B P/jo' I ]ohn . Ke City Manager Date: q 11A CITY OF r 'PROY>:p AT MEETING pAC 24 STATE OF FLORIDA : COUNTY OF :SS I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Cou ty f esaid to take acknowledgements, personally appearedto me to be the person(s) described in and wne ho executed the foregoing instrument and acknowledged before that esame.-� executed the WITNESS my hand and official seal this --L day of , 1 gam. NOTARY PUBLIC, State of Florida at Large NOTARY PUBLIC. STATE OF FLORICA; MY COMMISSION EXPIRES; JUNE 26. ipD9 09"09O THRM NOTAIIT rUvjjC Wp DtAW1R,,f192, (Name of Notary Public: Print, Stamp, or Type as Commissioned) X ) Personally known to me, or Produced identification Type of I.D. Produced � ) DID take an oath, or j (�) DID NOT take an oath. F �- 25 V 5,2 V City of Tamarac Agreement for Commercial Waste Haulers ATTEST: CORPORATION: 1:4 By. ,7orate Secrets V I G� Presi e t ,- (Corporate Seal) STATE OF FLORIDA : :SS COUNTY OF • I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared ZANi �v t�Z me known to be the person(s) described inecu tie foregoing instrument and T- acknowledged before me and under oath that executed the same. �7 WITNESS my hand and official seal this � day of K► Ig q�. +NOARV�UBIUC, State of Florida at Large Of Notary Public. Print, Stamp, or Type as Commissioned) ( Personally known to me., or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( ✓) DID NOT take an oath. cc: John P. Kelly, City Manager 26